J. et al v. Board of Education of The City of Chicago et al
| Z. J. and L. C-W. |
| School Dist 299 Board of Education of The City of Chicago and Illinois State Board Of Education |
| 1:2017cv05744 |
| August 7, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Robert M. Dow |
| Other Statutory Actions |
| 20 U.S.C. ยง 1401 |
| None |
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Filing
45
MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 9/26/2018. For the reasons stated below, the Court grants Plaintiff's motion for summary judgment 34 . The Court finds that (1) CPS violated IDEA's " ;Child Find" obligation from March 2015 until April 2017 by failing to evaluate whether Z.J. may be eligible for special education and related services; (2) Z.J. may be entitled to compensatory services designed to provide her wit h the educational benefits that likely would have accrued from special education services that CPS should have provided, but this issue should be addressed in the first instance by an ISBE hearing office r on remand; and (3) Z.J. is entitled to an award of weekly vision therapy for 36 weeks, as recommended by Plaintiffs' experts, and reimbursement for the costs of Dr. Kim's developmental vision assessment in the amount of $57 5.00. Parent shall provide CPS with a copy of the itemized bill and proof of payment or, if Dr. Kim has not been paid, a copy of the itemized bill and statement from Parent that the payment should be made directly to Dr. Kim. The Dis trict shall provide reimbursement/payment within 30 days of receipt of the itemized bill. This matter is remanded to an ISBE hearing officer to determine whether Z.J. is entitled to an award of compensatory services and, if so, what services are sufficient to provide Z.J. with the educational benefits that likely would have accrued from special education services that CPS should have provided. Plaintiffs' request for an award of reasonable attorneys' fees and costs remains pending. This case is set for status hearing on October 18, 2018 at 9:00 a.m. Mailed notice(cdh, )
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